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International Litigation Foreign Judgments

K&L Gates LLP

UAE Courts Demonstrate Willingness to Enforce Foreign Judgments

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In a recent decision dated 15 August 2024, the Dubai Court of Cassation (Court of Cassation) in Case No. 339 of 2023 (Civil) confirmed that a judgment from a foreign court may be enforced in the United Arab Emirates (UAE)...more

K&L Gates LLP

Another Step Forward for Enforcement of Foreign Court Judgments in the United Arab Emirates

K&L Gates LLP on

In a recent decision dated 4 June 2024, the Dubai Court of Cassation (Court of Cassation) in Case No. 392 of 2024 held that a summary judgment issued by the Ontario Superior Court of Justice, Canada, recognizing a restitution...more

A&O Shearman

United Kingdom and the ratification on 27 June 2024 of the Hague Convention on the Recognition and Enforcement of Foreign...

A&O Shearman on

On 27 June 2024, the United Kingdom ratified the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters. Considering the complex international legal framework...more

Fox Rothschild LLP

U.S. Supreme Court to Decide Whether Holocaust Survivors’ Lawsuit Against Hungary in the United States for Expropriation of Their...

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After it became clear that they would lose World War II, Nazi Germany and Hungary raced to complete their eradication of the Jews before the Axis surrendered. The Axis powers wiped out more than two-thirds of Hungary’s...more

Kilpatrick

Current Developments in Cross-Border Litigation | Recognition of Foreign Judgment

Kilpatrick on

In Baikowitz v. Jacobson, Index No. 606292/2023 (Sup. Ct. Nassau Cty. Dec. 20, 2023), Plaintiff sought to enforce a Canadian default judgment in New York state court under the New York foreign judgment enforcement statute....more

Jones Day

New Global Enforcement Regime: UK Signs Up to 2019 Hague Convention

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The Situation: On January 12, 2024, the United Kingdom signed up to the Hague Convention of July 2, 2019, on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters ("Hague 2019")....more

Cooley LLP

UK to Sign Hague Convention on the Recognition and Enforcement of Foreign Judgments

Cooley LLP on

The Ministry of Justice has published the UK government’s response to the consultation on joining the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters,...more

Conyers

Common Law Enforcement of a Foreign Judgment in the BVI: The Invest Bank Case

Conyers on

In order for a foreign judgment to be enforced in the BVI, it must either be: (1) registered and recognised as enforceable under the Reciprocal Enforcement of Judgments Act 1922 (the “1922 Act); or (2) enforceable under the...more

Hogan Lovells

Post-Brexit - How to enforce UK judgments in the Netherlands?

Hogan Lovells on

Pre-Brexit and during the transition period, UK judgments were enforced within the EU on the basis of the Brussels I Recast. Judgments were easily enforceable in other member states without any declaration of enforceability...more

Jones Day

UAE Ministry of Justice Encourages Dubai Courts to Find Reciprocity When Considering Enforcement of English Court Judgments

Jones Day on

In Short - The Situation: On September 13, 2022, the United Arab Emirates ("UAE") Ministry of Justice ("MoJ") sent a letter to the Dubai courts stating that the MoJ considers the recent UK High Court decision in Lenkor...more

Morgan Lewis

English and Dubai Courts Take Steps to Develop Enforcement Reciprocity

Morgan Lewis on

A new direction from the UAE Ministry of Justice will allow courts in Dubai to enforce judgments and orders issued by English courts. The United Arab Emirates (UAE) and English governments have never entered into a...more

McDermott Will & Emery

Mezhprom v Lenux (2021) : When Should Offshore Trustees Participate in Foreign Proceedings?

McDermott Will & Emery on

A recent decision in a British Virgin Islands court case has raised a number of questions regarding the enforcement of foreign judgments in offshore jurisdictions that have implemented firewall legislation, and highlights...more

Conyers

Trust and Estates Law & Tax Journal Article – When can an offshore court act as an auxillary court?

Conyers on

Offshore: What is appropriate? Robert Lindley and Wesley O’Brien discuss cases where offshore family courts act as auxiliaries to those onshore - Generally, for a foreign judgment to be capable of enforcement in an...more

Morgan Lewis

A Game-Changer on the Question ’Forum-Selection or Arbitration Clause?’ Or Just Causing ‘Torpedoes?’

Morgan Lewis on

The Hague Convention on Choice of Court Agreements (The Hague Convention) enables global judgment enforcement. It has been ratified by 32 States. Among them are all EU member states, the United Kingdom, Singapore, and Mexico....more

White & Case LLP

ADGM unveils an innovative update to its Arbitration Regulations

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On 23 December 2020, the Abu Dhabi Global Market (the "ADGM") enacted Amendment No. 1 of 2020 to the ADGM Arbitration Regulations 2015 (the "Arbitration Regulations"). The amendments to the Arbitration Regulations reflect the...more

Snell & Wilmer

SB1447 Reciprocal Foreign Country Money Judgements - What This Means for Relations Between Arizona and Alberta, Canada

Snell & Wilmer on

I. Arizona and Alberta, Canada Using SB 1447 to Enhance Cooperative Relationship. In 2015, Senate Bill 1447 (“SB 1447”) was approved and signed into law by Arizona Governor Doug Ducey. SB 1447 was enacted to provide...more

A&O Shearman

New Hague Convention on enforcement of foreign judgments – a “gamechanger” in international dispute resolution?

A&O Shearman on

On 2 July 2019 the Hague Conference on Private International Law announced the conclusion of a new international convention, the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial...more

White & Case LLP

Which jurisdiction? Choosing where to litigate: A jurisdictional overview of the world’s court systems

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With ongoing advances in technology and communications, the number of contracting parties looking beyond their local jurisdiction when choosing a dispute resolution forum continues to grow It is easier than ever for...more

Dechert LLP

‘Tis the season to be merry – and also to mediate?

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With decorated trees, snow on the ground (and painted on the walls), coffee cups coloured red and green, and spiritual imagery regularly seen; it is a time for goodwill, festive cheer and reflection. But does this general...more

Dechert LLP

English Court of Appeal Ruling Emphasises Need for Care When Launching Proceedings as Part of an International Litigation Strategy

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Commercial court litigation is often seen as a tactical weapon that provides a means to a greater end, in an international context the end perhaps being the securing of an English judgment that might then assist parallel...more

Foster Garvey PC

Chinese and U.S. Courts Support Cross-Pacific Enforcement of Commercial Judgments

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Businesses and entrepreneurs on both sides of the Pacific should be aware and celebrate that just as cross-border commerce is increasing, so, too, is international judicial recognition of commercial judgments, as evidenced by...more

Dechert LLP

US Court Shields Google from Canadian Court Order in Search Delisting Dispute

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In Google LLC v. Equustek Solutions Inc.,1 a United States district court enjoined the enforcement of an order by the Supreme Court of Canada that directed Google to remove content from Google search results. The Canadian...more

Proskauer - Minding Your Business

Kazakhstan Ordered to Pay $506 Million for Crude Expropriation of Oil and Gas Investments

In a case that highlights both that governments are not above the rule of law and that it is difficult to swiftly enforce arbitral awards, a Swedish appeals court, on December 12, 2016, upheld a $506 million award against...more

Dechert LLP

Why Brexit is Not Bad News For UK-Based Arbitration and Litigation

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A lot has been said about the uncertainties surrounding Brexit and its likely impact on doing business with and within the UK. Will London remain Europe’s financial centre? Will the UK reinstate customs duties on imports and...more

Fenwick & West LLP

28 U.S.C. § 1782: A Powerful Tool in Global Disputes

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As the number and complexity of cross-border and multi-jurisdictional disputes increase, companies can use 28 U.S.C. § 1782 to obtain evidence from U.S.-based entities for use in those foreign proceedings. Specifically, §...more

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